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Beweismethodik in Beratungsfallen [GER]

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This analysis takes a joint perspective on the handling of issues of proof regarding disputes on the liability of lawyers, tax advisors and investment advisors. Through this unique approach, the author adds a considerable degree of structure to an area of law which is strongly shaped by case law and provides valuable guidance for the practise of consulting in these fields. The comparison of the areas of legal advice, tax advice and investment advice both from a legal and factual vantage point demonstrates the need to solve issues in the context of problems of evidence during liability proceedings against these groups of advisers with a uniform methodology. Based thereon, whilst also taking into account recent reforms in the professional law of lawyers, tax advisors and investment advisers such as the mandatory protocol of consultancy pursuant to Section 34 para. 2a of the German Securities Trading Act, the author points to key parts of case law that offer room for distinct changes.
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